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NPPA, Joined by Other Groups Sends Letter Requesting Return of Seized Equipment

February 28th, 2017 by Mickey Osterreicher and tagged , , , , , , , , , , , , , , , ,

***** UPDATE 3/1/17 *******

The seized cameras, phones and equipment belonging to visual journalists, Tonita Cervantes and Tracie Williams, was returned to them today.

Today, the NPPA joined by the Committee to Protect Journalists, the Native American Journalists Association, the Online News Association and the Society of Professional Journalists sent a letter to Morton County State’s Attorney, Allen Koppy, seeking the return of all equipment and personal items seized from visual journalists, Tonita Cervantes and Tracie Williams subsequent to their arrest last week while covering events at the Dakota Access Pipeline camp. Their attorney, Matthew E. Kelley, of Levine Sullivan Koch & Schulz, LLP made a similar request yesterday.

This follows on the heels of a previous letter sent by the same group urging officials to allow journalists to do their work at Standing Rock.

Today’s letter also requests that “the charges be dropped against these two journalists in the interst of justice.”

Posted in Access, Assault on Photographers, First Amendment, First Amendment rights, National Press Photographers Association, NPPA, Photographers' Rights, Visual Journalists | No Comments »

NY Federal Judge Rules in Photographer’s Favor Supporting 1st and 14th Amendment Rights

February 27th, 2017 by Mickey Osterreicher and tagged , , , , , , , , , ,

Today federal court Judge J. Paul Oetken denied a  motion to dismiss by the City of New York allowing the case, Jason B. Nicholas v. The City of New York, to proceed. The civil rights lawsuit was brought pro se (on his own) by Mr. Nicholas, a professional photojournalist, against Defendants William Bratton, Stephen Davis, Michael DeBonis, and the City of New York on December 8, 2015.  The suit alleges that Defendants violated Mr. Nicholas’ First and Fourteenth Amendment rights by revoking his NYPD issued press credential without due process and in retaliation for the content of his speech.

The Order and opinion out of the United States District Court for the Southern District of New York found that the government cannot pick and choose among which newsgatherers to allow access to a scene or to information and that the NYPD’s restriction on newsgathering may have violated the First Amendment. The court also found that journalists may very well have a First Amendment interest in their NYPD-issued press credential that calls for due process protections, and that the NYPD summary revocation of press credentials may have been without due process, violating the Fourteenth Amendment. Additionally, the court found that the city may have an unconstitutional unwritten policy to obstruct and interfere with newsgathering in general and with Mr. Nicholas’ newsgathering in particular.

See: Nicholas v. Bratton Opinion 02-27-17

 

Posted in Access, First Amendment, First Amendment rights, Motion to Dismiss, National Press Photographers Association, News Photography, Newsgathering, NPPA, NY Daily News, NYPD, photographers, Photographers' Rights, photojournalism, Press Credentials, Regulations limiting photography | No Comments »